• Return-to-duty tests are for drivers who failed a test or violated the rules.
• The test is applicable after the driver completes SAP evaluations and education or treatment requirements specified by the SAP.
• Return-to-duty drug tests must be performed under direct observation.

Return-to-duty testing is done according to the procedures in Part 40 after an employee has failed a test or otherwise violated the rules, completed the education and/or treatment requirements specified by a substance abuse professional (SAP), and is ready to return to duty. Return-to-duty drug tests must be conducted under direct observation.

In the event a return-to-duty drug test is not performed under direct observation, the test will not be canceled since failure to observe is not a fatal flaw (see 40.209). However, the Federal Motor Carrier Safety Administration expects carriers to perform a another test to be compliant.

Return-to-duty testing is not used for drivers who have been absent from work for a period of time and want to return to duty (work); in such cases, a pre-employment test should be administered.

The SAP will report their evaluations and successful completion of an educational or treatment programs to the Drug and Alcohol Clearinghouse. The driver’s Clearinghouse status remains as Prohibited, but the SAP’s entries notes the driver is eligible for a return-to-duty test.

Employers must report to the Clearinghouse negative return-to-duty drug and/or alcohol tests performed under their Part 382 program. Once the entry is made, the driver’s status will show as Not Prohibited. However, the Clearinghouse will continue to indicate that the follow-up testing plan has not been completed, until an employer provides an entry stating otherwise.